Ohio Revised Code Chapter 5123 - Department Of Developmental Disabilities

• Section 5123.01 - Department Of Developmental Disabilities Definitions.
  As used in this chapter: (A) "Chief medical officer" means the licensed physician appointed by the managing officer of an institution for the mentally...
• Section 5123.011 - Adoption Of Rules.
  The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code to do both of the following: (A)...
• Section 5123.012 - Eligibility Determinations.
  (A) As used in this section , "preschool child with a disability" has the same meaning as in section 3323.01 of the Revised Code....
• Section 5123.013 - Application Of Chapter.
  The provisions of this chapter regarding institutionalization apply to a person who is found incompetent to stand trial or not guilty by reason of...
• Section 5123.014 - Reference To Department Or Director.
  Whenever the department or director of mental retardation and developmental disabilities is referred to or designated in any statute, rule, contract, grant, or other...
• Section 5123.02 - Duties Of Department.
  The department of developmental disabilities shall do the following: (A) Promote comprehensive statewide programs and services for persons with mental retardation or a developmental...
• Section 5123.021 - Determining Need For Nursing Facility Care.
  (A) As used in this section, "mentally retarded individual" and "specialized services" have the same meanings as in section 5165.03 of the Revised Code....
• Section 5123.022 - State Policy Regarding Community Employment For Individuals With Developmental Disabilities.
  (A) As used in this section: (1) "Community employment" means competitive employment that takes place in an integrated setting. (2) "Competitive employment" means full-time...
• Section 5123.023 - Employment First Task Force.
  (A) The director of developmental disabilities may establish an employment first task force consisting of the departments of developmental disabilities, education, medicaid, job and...
• Section 5123.03 - Management Of Institutions And Facilities.
  (A) The department of developmental disabilities shall do all of the following: (1) Maintain, operate, manage, and govern all state institutions for the care,...
• Section 5123.031 - Nonpartisan Management.
  The director of developmental disabilities may require the performance of duties by the officers of the institutions under the jurisdiction of the department of...
• Section 5123.032 - Closure Of A Developmental Center.
  (A) As used in this section, "developmental center" means any institution or facility of the department of developmental disabilities that, on or after January...
• Section 5123.033 - Department Program Fee Fund.
  The program fee fund is hereby created in the state treasury. All fees collected pursuant to sections 5123.161, 5123.164, and 5123.19 of the Revised...
• Section 5123.04 - Director Of Department - Powers And Duties.
  (A) The director of developmental disabilities is the executive head of the department of developmental disabilities. All duties conferred on the department and its...
• Section 5123.041 - [Repealed].
  Effective Date: 06-05-2002; 07-01-2005
• Section 5123.042 - Plans For Development Or Modification Of Residential Services; Rules.
  Except as provided in section 5123.197 of the Revised Code, each person or government entity seeking to develop new or modify existing residential services...
• Section 5123.0420 - Training And Certification Program For Individuals Who Provide Evidence-based Interventions To Individuals With An Autism Spectrum Disorder.
  As used in this section, "evidence-based intervention" means a prevention or treatment service that has been demonstrated through scientific evaluation to produce a positive...
• Section 5123.043 - Complaint Resolution.
  (A) The director of developmental disabilities shall adopt rules establishing procedures for administrative resolution of complaints filed under division (B) of this section and...
• Section 5123.044 - Determination Of Violation Of Rights; Assistance To Individuals.
  The department of developmental disabilities shall determine whether county boards of developmental disabilities violate the rights that individuals with mental retardation or other developmental...
• Section 5123.045 - Certification And Licensing Of Providers.
  No person or government entity shall receive payment for providing home and community-based services unless the person or government entity is one of the...
• Section 5123.046 - Approving County Board Plans.
  The department of developmental disabilities shall review each component of the three-calendar-year plan it receives from a county board of developmental disabilities under section...
• Section 5123.047 - Department Payment Of Nonfederal Share Of Certain Expenditures.
  The department of developmental disabilities shall pay the nonfederal share of medicaid expenditures for medicaid case management services and home and community-based services for...
• Section 5123.048 - Payment Of Nonfederal Share Of County Medicaid Expenditures.
  The director of developmental disabilities may enter into an agreement with a county board of developmental disabilities under which the department of developmental disabilities...
• Section 5123.049 - Rules Governing The Authorization And Payment Of Home And Community-based Services, Medicaid Case Management Services, And Habilitation Center Services.
  The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code governing the authorization and payment of home...
• Section 5123.0410 - Individual Receiving Services Moving To New County.
  An individual with mental retardation or other developmental disability who moves from one county in this state to another county in this state shall...
• Section 5123.0411 - Mandamus.
  The department of developmental disabilities may bring a mandamus action against a county board of developmental disabilities that fails to pay the nonfederal share...
• Section 5123.0412 - Oddd Administration And Oversight Fund.
  (A) The department of developmental disabilities shall charge each county board of developmental disabilities an annual fee equal to one and one-quarter per cent...
• Section 5123.0413 - Rules To Applicable In Event County Tax Levy For Services For Individuals With Developmental Disabilities Fails.
  The department of developmental disabilities, in consultation with the department of job and family services, office of budget and management, and county boards of...
• Section 5123.0414 - Methods Of Notice By Department.
  (A) When the director of developmental disabilities, under section 119.07 of the Revised Code, sends a party a notice by registered mail, return receipt...
• Section 5123.0415 - Notification Of Change Of Address.
  Each person and each government entity that applies for or holds a valid license, certification, or registration issued under section 5123.161, 5123.19, 5123.45, or...
• Section 5123.0416 - Expenditure And Allocation Of Appropriated Fees.
  (A) Subject to the availability of funds appropriated to the department of developmental disabilities for medicaid waiver state match, the department shall expend, in...
• Section 5123.0417 - Programs For Person Under 22 With Intensive Behavioral Needs.
  (A) The director of developmental disabilities shall establish one or more programs for individuals under twenty-two years of age who have intensive behavioral needs,...
• Section 5123.0418 - Additional Uses Of Funds.
  (A) In addition to other authority granted the director of developmental disabilities for use of funds appropriated to the department of developmental disabilities, the...
• Section 5123.0419 - Interagency Workgroup On Autism.
  (A) The director of developmental disabilities may establish an interagency workgroup on autism. The purpose of the workgroup shall be to improve the coordination...
• Section 5123.05 - Audits Of Services And Programs.
  The department of developmental disabilities may conduct audits of the services and programs that either receive funds through the department or are subject to...
• Section 5123.051 - Payment Agreements With Providers.
  (A) If the department of developmental disabilities determines pursuant to an audit conducted under section 5123.05 of the Revised Code that money is owed...
• Section 5123.06 - Divisions Of Department.
  The director of developmental disabilities may establish divisions in the department of developmental disabilities and prescribe their powers and duties. Each division shall consist...
• Section 5123.07 - Bureau Of Research - Duties.
  There may be created in the department of developmental disabilities a bureau of research. The bureau shall: (A) Plan, direct, and coordinate all research...
• Section 5123.08 - [Effective Until 3/23/2016] Classified And Unclassified Appointments.
  An appointing officer may appoint a person who holds a certified position in the classified service within the department of developmental disabilities to a...
• Section 5123.08 - [Effective 3/23/2016] Classified And Unclassified Appointments.
  An appointing officer may appoint a person who holds a certified position in the classified service within the department of developmental disabilities to a...
• Section 5123.081 - Criminal Records Check.
  (A) As used in this section: (1) (a) "Applicant" means any of the following: (i) A person who is under final consideration for appointment...
• Section 5123.082 - [Repealed].
  Repealed by 129th General AssemblyFile No.127, HB 487, §105.01, eff. 9/10/2012. Amended by 128th General Assemblych.127, SB 79, §1, eff. 10/6/2009. Effective Date: 06-06-2001
• Section 5123.083 - [Repealed].
  Repealed by 129th General AssemblyFile No.127, HB 487, §105.01, eff. 9/10/2012. Amended by 128th General Assemblych.127, SB 79, §1, eff. 10/6/2009. Effective Date: 03-22-2001
• Section 5123.09 - Managing Officer Of Institution - Powers And Duties.
  Subject to the rules of the department of developmental disabilities, each institution under the jurisdiction of the department shall be under the control of...
• Section 5123.091 - Changing Purpose And Use Of Institutions.
  The director of developmental disabilities may, by rule and with the approval of the governor, change the purpose for which any institution under the...
• Section 5123.092 - Citizen's Advisory Council.
  (A) There is hereby established at each institution and branch institution under the control of the department of developmental disabilities a citizen's advisory council...
• Section 5123.093 - Duties Of Citizen's Advisory Council.
  The citizen's advisory councils established under section 5123.092 of the Revised Code shall: (A) Transmit verbal or written information from any person or organization...
• Section 5123.10 - Bond Of Employees.
  The department of developmental disabilities shall require any of its employees and each officer and employee of every institution under its control who may...
• Section 5123.11 - Residency Medical And Psychological Training Programs.
  (A) The director of developmental disabilities may enter into an agreement with the boards of trustees or boards of directors of two or more...
• Section 5123.12 - Residency Training Programs For Students Enrolled In Appropriate Care Programs.
  The director of developmental disabilities may enter into an agreement with boards of trustees or boards of directors of one or more universities, colleges,...
• Section 5123.121 - Amended And Renumbered Rc 5123.18.
  Effective Date: 07-01-1980
• Section 5123.122 - Support Rate.
  Notwithstanding section 5121.04 of the Revised Code and except as provided in section 5123.194 of the Revised Code, the liable relative of a mentally...
• Section 5123.13 - Special Police Officers.
  (A) As used in this section, "felony" has the same meaning as in section 109.511 of the Revised Code. (B) (1) Subject to division...
• Section 5123.14 - Investigations.
  The department of developmental disabilities may make such investigations as are necessary in the performance of its duties and to that end the director...
• Section 5123.141 - [Repealed].
  Effective Date: 07-01-1980
• Section 5123.15 - Appointing Special Agents And Persons.
  The department of developmental disabilities may appoint and commission any competent agency or person, to serve without compensation, as a special agent, investigator, or...
• Section 5123.16 - Valid Supported Living Certificate Required.
  (A) As used in sections 5123.16 to 5123.1611 of the Revised Code: (1) "Applicant" means any of the following: (a) The chief executive officer...
• Section 5123.161 - Application For Supported Living Certificate.
  A person or government entity that seeks to provide supported living shall apply to the director of developmental disabilities for a supported living certificate....
• Section 5123.162 - Applicant Survey To Determine If Standards Met.
  (A) The director of developmental disabilities may conduct surveys of persons and government entities that seek a supported living certificate to determine whether the...
• Section 5123.163 - Term Of Supported Living Certificate.
  A supported living certificate is valid for a period of time established in rules adopted under section 5123.1611 of the Revised Code, unless any...
• Section 5123.164 - Renewal Of Supported Living Certificate.
  Except as provided in sections 5123.166 and 5123.169 of the Revised Code, the director of developmental disabilities shall renew a supported living certificate if...
• Section 5123.165 - Provision Of Supported Living And Residence.
  (A) Except as provided in division (B) of this section, no person or government entity may provide supported living to an individual with mental...
• Section 5123.166 - Adjudication Order Against Certificate Applicant Or Holder.
  (A) If good cause exists as specified in division (B) of this section and determined in accordance with procedures established in rules adopted under...
• Section 5123.167 - Reapplication After Negative Adjudication On Certificate.
  If the director of developmental disabilities issues an adjudication order under section 5123.166 of the Revised Code refusing to issue a supported living certificate...
• Section 5123.168 - Termination Of Certificate For Failure To Bill For Services.
  The director of developmental disabilities may issue an adjudication order in accordance with Chapter 119. of the Revised Code to terminate a supported living...
• Section 5123.169 - Issuance Of Supported Living Certificate.
  (A) The director of developmental disabilities shall not issue a supported living certificate to an applicant or renew an applicant's supported living certificate if...
• Section 5123.1610 - .
  (A) Both of the following apply if the department of medicaid, pursuant to section 5164.38 of the Revised Code, terminates or refuses to revalidate...
• Section 5123.1611 - Rules Governing Supported Living Program.
  The director of developmental disabilities shall adopt rules under Chapter 119. of the Revised Code establishing all of the following: (A) The extent to...
• Section 5123.17 - Care Outside Institution.
  The department of developmental disabilities may provide for the custody, supervision, control, treatment, and training of persons with mental retardation or a developmental disability...
• Section 5123.171 - Respite Care Services.
  As used in this section, "respite care" means appropriate, short-term, temporary care provided to a mentally retarded or developmentally disabled person to sustain the...
• Section 5123.172 - [Repealed].
  Repealed by 129th General AssemblyFile No.28, HB 153, §105.01, eff. 9/29/2011.
• Section 5123.18 - Contracts With Person Or Agency To Provide Services.
  (A) The department of developmental disabilities may enter into a contract with a person or government agency to provide residential services to individuals with...
• Section 5123.181 - [Repealed].
  Repealed by 129th General AssemblyFile No.28, HB 153, §105.01, eff. 9/29/2011.
• Section 5123.182 - [Repealed].
  Effective Date: 2007 HB119 06-30-2007
• Section 5123.183 - Amended And Renumbered Rc 5123.051.
  Effective Date: 09-22-2000
• Section 5123.19 - Operation Of Residential Facilities.
  (A) As used in sections 5123.19 to 5123.20 of the Revised Code: (1) "Independent living arrangement" means an arrangement in which a mentally retarded...
• Section 5123.191 - Appointing Receiver To Operate Residential Facility.
  (A) The court of common pleas or a judge thereof in the judge's county, or the probate court, may appoint a receiver to take...
• Section 5123.192 - Licensing For Icf/iid After 7/1/2013.
  (A) A person or government agency operating, on September 10, 2012, an ICF/IID pursuant to a nursing home license issued under Chapter 3721. of...
• Section 5123.193 - [Repealed].
  Repealed by 129th General AssemblyFile No.28, HB 153, §105.01, eff. 9/29/2011.
• Section 5123.194 - Waiving Support Collection Requirements To Facilitate Independent Living.
  In the case of an individual who resides in a residential facility and is preparing to move into an independent living arrangement and the...
• Section 5123.195 - Reporting Implementation Of Amendments To Statute.
  (A) Not later than sixty days after the end of calendar years 2003, 2004, and 2005, the director of developmental disabilities shall submit a...
• Section 5123.196 - Maximum Number Of Beds.
  (A) Except as provided in division (E) of this section, the director of developmental disabilities shall not issue a license under section 5123.19 of...
• Section 5123.197 - Initial Residential Facility License Or Modification Of Existing Facility License Not Required In Certain Instances.
  Neither an applicant for an initial residential facility license under section 5123.19 of the Revised Code nor an applicant for a modification of an...
• Section 5123.198 - Reduction In Number Of Residents.
  (A) As used in this section, "date of the commitment" means the date that an individual specified in division (B) of this section begins...
• Section 5123.199 - [Repealed].
  Effective Date: 2007 HB119 06-30-2007
• Section 5123.20 - Prohibiting Operation Without License.
  No person or government agency shall operate a residential facility or receive a mentally retarded or developmentally disabled person as a resident of a...
• Section 5123.21 - Transfers.
  The director of developmental disabilities may transfer or authorize the transfer of an involuntary resident or a consenting voluntary resident from one public institution...
• Section 5123.211 - [Repealed].
  Repealed by 129th General AssemblyFile No.28, HB 153, §105.01, eff. 9/29/2011.
• Section 5123.22 - Appropriating Property.
  When it is necessary for an institution under the jurisdiction of the department of developmental disabilities to acquire any real estate, right-of-way, or easement...
• Section 5123.221 - Cultivating Land - Purchases From Other Institutions.
  The department of developmental disabilities shall determine and direct what lands belonging to institutions under its control shall be cultivated. The department of agriculture,...
• Section 5123.23 - [Repealed].
  Repealed by 129th General AssemblyFile No.35, HB 133, §2, eff. 9/30/2011. Amended by 128th General Assemblych.35, SB 79, §1, eff. 10/6/2009. Effective Date: 09-24-1986...
• Section 5123.231 - [Repealed].
  Effective Date: 09-22-2000
• Section 5123.24 - Businesses Located Near Institutions.
  A person, firm, or corporation may file a petition in the court of common pleas of the county in which an institution under the...
• Section 5123.25 - Purchasing Supplies.
  The department of administrative services shall purchase all supplies needed for the proper support and maintenance of the institutions under the control of the...
• Section 5123.26 - Funds.
  The treasurer of state shall have charge of all funds under the jurisdiction of the department of developmental disabilities and shall pay out the...
• Section 5123.27 - Holding Property In Trust.
  The director of developmental disabilities may accept, hold, and administer in trust on behalf of the state, if it is for the public interest,...
• Section 5123.28 - Handling Funds Belonging To Residents.
  (A) Except as otherwise provided in this division, money or property deposited with managing officers of institutions under the jurisdiction of the department of...
• Section 5123.29 - Industrial And Entertainment Fund - Commissary Fund.
  Each managing officer of an institution under the jurisdiction of the department of developmental disabilities, with the approval of the director of developmental disabilities,...
• Section 5123.30 - Books And Accounts.
  The department of developmental disabilities shall keep in its office a proper and complete set of books and accounts with each institution, which shall...
• Section 5123.31 - Confidentiality.
  (A) The department of developmental disabilities shall keep a record showing the name, residence, sex, age, nativity, occupation, condition, and date of entrance or...
• Section 5123.32 - [Repealed].
  Effective Date: 09-29-1997
• Section 5123.33 - Annual Report.
  In its annual report, the department of developmental disabilities shall include a list of the officers and agents employed, and complete financial statement of...
• Section 5123.34 - Liberal Construction Of Chapter.
  This chapter attempts to do all of the following: (A) Provide humane and scientific treatment and care and the highest attainable degree of individual...
• Section 5123.35 - Ohio Developmental Disabilities Council.
  (A) There is hereby created the Ohio developmental disabilities council, which shall serve as an advocate for all persons with developmental disabilities. The council...
• Section 5123.351 - Eligibility For State Reimbursement Of Expenses Incurred By Facilities And Programs.
  The director of developmental disabilities, with respect to the eligibility for state reimbursement of expenses incurred by facilities and programs established and operated under...
• Section 5123.352 - Community Developmental Disabilities Trust Fund.
  There is hereby created in the state treasury the community developmental disabilities trust fund. The director of developmental disabilities, not later than sixty days...
• Section 5123.353 - [Repealed].
  Effective Date: 12-30-2004
• Section 5123.36 - State Participation In Developmental Disability Construction Programs.
  (A) To the extent funds are available and on application by a county board of developmental disabilities or private nonprofit agency incorporated to provide...
• Section 5123.37 - Application To Sell Facility And Acquire Replacement.
  A county board of developmental disabilities or private, nonprofit agency that receives state funds pursuant to an agreement with the director of developmental disabilities...
• Section 5123.371 - Payment To Director After Sale Of Facility.
  If the director of developmental disabilities approves an application submitted under section 5123.37 of the Revised Code, the county board of developmental disabilities or...
• Section 5123.372 - Deadline For Acquisition Of Replacement Facility.
  If the director of developmental disabilities approves an application submitted under section 5123.37 of the Revised Code, the director shall establish a deadline by...
• Section 5123.373 - Agreement To Pay Percentage Of Cost Of Acquisition.
  If, on or before the deadline or, if any, the last extended deadline established under section 5123.372 of the Revised Code for a county...
• Section 5123.374 - Rescission Of Approval Of Application.
  (A) The director of developmental disabilities may rescind approval of an application submitted under section 5123.37 of the Revised Code if either of the...
• Section 5123.375 - Developmental Disabilities Community Capital Replacement Fund.
  The developmental disabilities community capital replacement facilities fund is hereby created in the state treasury. The director of developmental disabilities shall credit all amounts...
• Section 5123.376 - Changing Terms Of Agreement Regarding Construction, Acquisition, Or Renovation Of Residential Facility.
  (A) As used in this section: (1) "Medicaid-certified capacity" has the same meaning as in section 5124.01 of the Revised Code. (2) "Residential facility"...
• Section 5123.38 - Effect Of Transfer From Supported Services To Commitment To Icf/iid.
  (A) Except as provided in division (B) of this section, if an individual receiving supported living or home and community-based services funded by a...
• Section 5123.39 - Patient Clothing.
  If not otherwise furnished, the probate judge shall see that each patient hospitalized under section 5123.76 of the Revised Code is properly attired for...
• Section 5123.40 - Services Fund For Individuals With Developmental Disabilities.
  There is hereby created in the state treasury the services fund for individuals with mental retardation and developmental disabilities. On the death of the...
• Section 5123.41 - Administration Of Prescribed Medications, Performance Of Health-related Activities, Tube Feeding Definitions.
  As used in this section and sections 5123.42 to 5123.47 of the Revised Code: (A) "Adult services" has the same meaning as in section...
• Section 5123.42 - Authorization For Workers To Administer Prescribed Medications, Perform Health-related Activities, Or Perform Tube Feedings.
  (A) Beginning nine months after March 31, 2003, MR/DD personnel who are not specifically authorized by other provisions of the Revised Code to administer...
• Section 5123.421 - Complaints And Investigations.
  The department of developmental disabilities shall accept complaints from any person or government entity regarding the administration of prescribed medications, performance of health-related activities,...
• Section 5123.422 - Immunity.
  MR/DD personnel who administer prescribed medications, perform health-related activities, or perform tube feedings pursuant to the authority granted under section 5123.42 of the Revised...
• Section 5123.43 - Training Courses For Administration Of Prescribed Medications, Performance Of Health-related Activities, And Performance Of Tube Feedings.
  (A) The department of developmental disabilities shall develop courses for the training of MR/DD personnel in the administration of prescribed medications, performance of health-related...
• Section 5123.44 - Training Registered Nurses To Provide Training Courses For Department Personnel.
  The department of developmental disabilities shall develop courses that train registered nurses to provide the MR/DD personnel training courses developed under section 5123.43 of...
• Section 5123.441 - Certificates To Provide Training Courses.
  (A) Each MR/DD personnel training course developed under section 5123.43 of the Revised Code shall be provided by a registered nurse. (B) (1) Except...
• Section 5123.45 - Program For Issuing Of Certificates.
  (A) The department of developmental disabilities shall establish a program under which the department issues certificates to the following: (1) MR/DD personnel, for purposes...
• Section 5123.451 - Registry Listing All Mr/dd Personnel And Registered Nurses Holding Valid Certificates.
  The department of developmental disabilities shall establish and maintain a registry that lists all MR/DD personnel and registered nurses holding valid certificates issued under...
• Section 5123.46 - Rules Adopted In Conjunction With Board Of Nursing And The Ohio Nurses Association.
  All rules adopted under sections 5123.41 to 5123.45 of the Revised Code shall be adopted in consultation with the board of nursing and the...
• Section 5123.47 - Authorizing In-home Worker To Perform Health Care Tasks.
  (A) As used in this section: (1) "In-home care" means the supportive services provided within the home of an individual with mental retardation or...
• Section 5123.48 - [Repealed].
  Effective Date: 07-01-1980
• Section 5123.49 - [Repealed].
  Effective Date: 10-25-1961
• Section 5123.50 - Registry Of Employees Guilty Of Abuse, Neglect Or Misappropriation Definitions.
  As used in sections 5123.50 to 5123.542 of the Revised Code: (A) "Abuse" means all of the following: (1) The use of physical force...
• Section 5123.51 - Reviewing Report Of Abuse, Neglect Or Misappropriation.
  (A) In addition to any other action required by sections 5123.61 and 5126.31 of the Revised Code, the department of developmental disabilities shall review...
• Section 5123.52 - Registry Of Employees Guilty Of Abuse, Neglect Or Misappropriation.
  (A) The department of developmental disabilities shall establish a registry of MR/DD employees consisting of the names of MR/DD employees included in the registry...
• Section 5123.53 - Petitioning For Removal From Registry.
  An individual who is included in the registry may petition the director of developmental disabilities for removal from the registry. If the director determines...
• Section 5123.54 - Rehabilitation Standard Rules.
  The director of developmental disabilities shall adopt rules under Chapter 119. of the Revised Code to implement sections 5123.51, 5123.52, and 5123.53 of the...
• Section 5123.541 - Employees Engaging In Sexual Conduct Or Contact With Individual Under Department Care.
  (A) No MR/DD employee shall engage in any sexual conduct or have any sexual contact with an individual with mental retardation or another developmental...
• Section 5123.542 - Notice Explaining Prohibited Conduct.
  (A) Each of the following shall annually provide a written notice to each of its MR/DD employees explaining the conduct for which an MR/DD...
• Section 5123.55 - Protective Services Definitions.
  As used in sections 5123.55 to 5123.59 of the Revised Code: (A) "Guardian" means a guardian of the person, limited guardian, interim guardian, or...
• Section 5123.56 - Statewide System Of Protective Service.
  The department of developmental disabilities shall develop a statewide system of protective service in accordance with rules and standards established by the department. With...
• Section 5123.57 - Evaluation Before Guardianship Or Trusteeship Begins.
  No guardianship or trusteeship appointment shall be made under sections 5123.55 to 5123.59 of the Revised Code and no person shall be accepted for...
• Section 5123.58 - Nomination Of Protective Services Agency As Guardian, Trustee Or Protector.
  An agency providing protective services under contract with the department of developmental disabilities may be nominated under any of the following conditions as guardian,...
• Section 5123.59 - Bond.
  Before entering upon the duties of trustee, an agency under contract with the department of developmental disabilities may require any of its employees having...
• Section 5123.60 - Ohio Protection And Advocacy System.
  (A) As used in this section and section 5123.601 of the Revised Code, "Ohio protection and advocacy system" means the nonprofit entity designated by...
• Section 5123.601 - Access To Information By Staff And Attorneys.
  (A) The Ohio protection and advocacy system staff, and attorneys designated by the system to represent persons detained, hospitalized, or institutionalized under this chapter...
• Section 5123.602 - Compensation In Class Action Cases.
  If compensation for the work of attorneys employed by the Ohio protection and advocacy system or an agency or political subdivision of the state...
• Section 5123.603 - [Repealed].
  Repealed by 129th General AssemblyFile No.28, HB 153, §120.22, eff. 10/1/2012.
• Section 5123.604 - [Repealed].
  Repealed by 129th General AssemblyFile No.28, HB 153, §120.22, eff. 10/1/2012.
• Section 5123.605 - [Repealed].
  Repealed by 129th General AssemblyFile No.28, HB 153, §120.22, eff. 10/1/2012.
• Section 5123.61 - Reporting Abuse, Neglect, And Other Major Unusual Incidents.
  (A) As used in this section: (1) "Law enforcement agency" means the state highway patrol, the police department of a municipal corporation, or a...
• Section 5123.611 - Reviewing Report Of Abuse, Neglect, Or A Major Unusual Incident.
  (A) As used in this section, "MR/DD employee" means all of the following: (1) An employee of the department of developmental disabilities; (2) An...
• Section 5123.612 - Reporting Unusual Incidents.
  The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code regarding the reporting of major unusual incidents...
• Section 5123.613 - Subject Of Report Or Representative Has Right To Report And Related Records.
  (A) When a person who is the subject of a report under section 5123.61 of the Revised Code dies, the department of developmental disabilities...
• Section 5123.614 - Procedure Following Report Of Major Unusual Incident.
  (A) Subject to division (B) of this section, on receipt of a report of a major unusual incident made pursuant to section 5123.61 or...
• Section 5123.62 - Rights Of Persons With A Developmental Disability.
  The rights of persons with mental retardation or a developmental disability include, but are not limited to, the following: (A) The right to be...
• Section 5123.621 - Legislative Intent Regarding Adult Day Services.
  It is the intent of the general assembly that all individuals being served on the effective date of this section through the array of...
• Section 5123.63 - Distributing Copies Of Rights.
  Every state agency, county board of developmental disabilities, or political subdivision that provides services, either directly or through a contract, to persons with mental...
• Section 5123.64 - Enforcement Duties.
  (A) Every provider of services to persons with mental retardation or a developmental disability shall establish policies and programs to ensure that all staff...
• Section 5123.65 - Self-administration Of Medication.
  In addition to the rights specified in section 5123.62 of the Revised Code, individuals with mental retardation and developmental disabilities who can safely self-administer...
• Section 5123.651 - Assistance In Self-administration Of Prescribed Medication.
  (A) As used in this section, "MR/DD personnel" and "prescribed medication" have the same meanings as in section 5123.41 of the Revised Code. (B)...
• Section 5123.66 - Amended And Renumbered Rc 5119.53.
  Effective Date: 07-01-1980
• Section 5123.67 - Liberal Construction Of Chapter.
  This chapter shall be liberally interpreted to accomplish the following purposes: (A) To promote the human dignity and to protect the constitutional rights of...
• Section 5123.68 - Amended And Renumbered Rc 5123.01.
  Effective Date: 07-01-1980
• Section 5123.69 - Voluntary Admission.
  (A) Except as provided in division (D) of this section, any person who is eighteen years of age or older and who is or...
• Section 5123.70 - Requesting Release Of Voluntary Resident.
  (A) A resident admitted pursuant to section 5123.69 of the Revised Code who requests his own release or whose release is requested in writing...
• Section 5123.701 - Application For Short-term Care.
  (A) Except as provided in division (D) of this section, any person in the community who is eighteen years of age or older and...
• Section 5123.71 - Affidavit For Involuntary Institutionalization.
  (A) (1) Proceedings for the involuntary institutionalization of a person pursuant to sections 5123.71 to 5123.76 of the Revised Code shall be commenced by...
• Section 5123.711 - Assessment Of Individual's Needs.
  (A) As used in this section: (1) "Emergency" means either of the following that creates a risk of substantial harm to an individual or...
• Section 5123.72 - Presentation Of Case For State.
  The director of developmental disabilities shall designate a person to present the case on behalf of the state at the hearings provided for in...
• Section 5123.73 - Notice Of Hearing.
  (A) After receipt of the affidavit required by section 5123.71 of the Revised Code, the court shall cause written notice, by mail or otherwise,...
• Section 5123.74 - Emergency Institutionalization By Probate Court.
  (A) On receipt of an affidavit under section 5123.71 of the Revised Code, the probate division of the court of common pleas may, if...
• Section 5123.75 - Probable Cause Hearing.
  A respondent who is involuntarily placed in an institution or other place as designated in section 5123.77 of the Revised Code or with respect...
• Section 5123.76 - Full Hearing.
  (A) The full hearing shall be conducted in a manner consistent with the procedures outlined in this chapter and with due process of law....
• Section 5123.77 - Temporary Holding.
  (A) Pending removal to an institution, a person taken into custody or ordered to be institutionalized pursuant to this chapter may be held in...
• Section 5123.78 - Amended And Renumbered Rc 5123.21.
  Effective Date: 07-01-1980
• Section 5123.79 - Discharging Involuntary Resident.
  (A) Notwithstanding a finding pursuant to section 5123.76 of the Revised Code that a person is a mentally retarded person subject to institutionalization by...
• Section 5123.80 - Trial Visits.
  (A) When the chief program director of an institution for the mentally retarded considers that it is in the best interest of a resident,...
• Section 5123.801 - Expenses Of Trial Visit Or Discharge.
  If neither a discharged resident, nor a resident granted trial visit, nor the persons requesting the resident's trial visit or discharge are financially able...
• Section 5123.81 - Involuntarily Committed Resident Absent Without Leave.
  When an involuntarily committed resident of an institution for the mentally retarded is absent without leave, an order shall be issued within five days...
• Section 5123.811 - Reporting Change Of Location, Death Or Condition Of Resident.
  The managing officer of an institution under the control of the department of developmental disabilities shall immediately report the removal, death, absence without leave,...
• Section 5123.82 - Application For Habilitation And Care Of Discharged Resident.
  (A) Any person who has been institutionalized under this chapter may, at any time after discharge from such institution, make application to the managing...
• Section 5123.83 - Civil And Public Or Private Employment Rights.
  No person shall be deprived of any civil right, or public or private employment, solely by reason of his having received services, voluntarily or...
• Section 5123.84 - Free Communication With Others By Residents.
  All residents of institutions for the mentally retarded shall be allowed to communicate freely with others, including but not restricted to the following: (A)...
• Section 5123.85 - Habilitation Plan.
  (A) All residents institutionalized pursuant to this chapter shall receive, within thirty days of their admission, a comprehensive evaluation, a diagnosis, a prognosis, and...
• Section 5123.851 - Procedure Upon Discharge.
  When a resident institutionalized pursuant to this chapter is discharged from the institution, the managing officer of the institution may provide the resident with...
• Section 5123.86 - Consent For Medical Treatment.
  (A) Except as provided in divisions (C), (D), and (E) of this section, the chief medical officer shall provide all information, including expected physical...
• Section 5123.87 - Labor Or Tasks Performed By Residents.
  (A) No resident of an institution for the mentally retarded shall be compelled to perform labor which involves the operation, support, or maintenance of...
• Section 5123.88 - Writ Of Habeas Corpus.
  Any person detained pursuant to this chapter shall be entitled to the writ of habeas corpus upon proper petition by himself or a friend...
• Section 5123.89 - Confidentiality.
  (A) As used in this section: (1) "Family" means a parent, brother, sister, spouse, son, daughter, grandparent, aunt, uncle, or cousin. (2) "Payment" means...
• Section 5123.90 - Attorney General Duties.
  The attorney general shall attend to all suits instituted on behalf of or against any public institution under the jurisdiction of the department of...
• Section 5123.91 - Immunity.
  All persons who are not subject to any criminal provisions and who act reasonably and in good faith, either upon actual knowledge or upon...
• Section 5123.92 - Venue.
  If an affidavit alleging that a person is mentally retarded and subject to institutionalization by court order is filed, according to the provisions of...
• Section 5123.93 - Guardianship Of Minor.
  Minors with mental retardation shall remain under the guardianship of their parents or of a guardian appointed pursuant to Chapter 2111. of the Revised...
• Section 5123.94 - Amended And Renumbered Rc 5123.60.
  Effective Date: 07-01-1980
• Section 5123.95 - Transmission Of Court Papers.
  The probate judge, upon making an order institutionalizing a person under this chapter, shall forthwith transmit copies, under his official seal, of court papers...
• Section 5123.96 - Payment Of Costs, Fees, And Expenses Of Proceedings.
  Costs, fees, and expenses of all proceedings held under this chapter shall be paid as follows: (A) To police and health officers, other than...
• Section 5123.97 - Record Of Probate Judge.
  In cases of proceedings held under this chapter, the probate judge shall file and preserve all papers filed with him and make such entries...
• Section 5123.98 - Amended And Renumbered Rc 5123.61.
  Effective Date: 07-01-1980
• Section 5123.99 - Penalty.
  (A) Whoever violates section 5123.16 or 5123.20 of the Revised Code is guilty of a misdemeanor of the first degree. (B) Whoever violates division...

Last modified: October 10, 2016